News

NJ Justices' Fee-Shift Ruling Could Fuel Fiduciary Suits

Publisher: Law360

April 28, 2016

Mike Furey was quoted in an article, "NJ Justices' Fee-Shift Ruling Could Fuel Fiduciary Suits," in Law360. The article is about a New Jersey Supreme Court ruling that found attorneys who intentionally breach a fiduciary duty can owe counsel fees to a non-client. The case involves unusual facts that should not encourage additional malpractice lawsuits. "I think this is such an unusual situation that it's unlikely that it's going to start a spate of new claims against attorneys," Furey said.

Michael Furey and Dennis LaFiura were mentioned in an article, "Horizon Can't Keep OMNIA Docs Hidden From Challengers," in Law360. Day Pitney is representing seven New Jersey hospitals in a lawsuit against Horizon Healthcare, relating to its new, two-tiered health plan called OMNIA. Judge Robert P. Contillo found on April 22 that financial analysis of the impact upon two hospitals of Omnia conducted by Horizon is "highly relevant" information and must be produced during discovery. He also found that Horizon failed to establish the document as privileged attorney work, privileged attorney-client communications or a confidential self-critical analysis.